542. Issue: He said: "And whoever performs Hajj on behalf of another, while he has not yet performed Hajj for himself, shall return what he has taken, and the Hajj shall be for himself."

The overall implication of this is that it is not permissible for someone who has not performed the Hajj of Islam (the obligatory Hajj) to perform Hajj on behalf of another. If he does so, his state of ihram falls under the Hajj of Islam. This is the opinion of al-Awza'i, al-Shafi'i, and Ishaq. Abu Bakr Abd al-Aziz said: The Hajj is void and is invalid, both for himself and for another. This has been reported from Ibn Abbas, because since one of the conditions of the circumambulation of visitation (tawaf al-ziyarah) is the specification of the intention, when he intends it for another and does not intend it for himself, he does not perform it for himself, and likewise is the circumambulation when carrying another; it does not count for himself. Al-Hasan, Ibrahim, Ayyub al-Sakhtiyani, Ja'far ibn Muhammad, Malik, and Abu Hanifa said: It is permissible for one who has not performed Hajj for himself to perform it on behalf of another. A similar view was narrated from Ahmad. Al-Thawri said: If he is able to perform Hajj for himself, he must perform it for himself; if he is not able to perform Hajj for himself, he may perform it on behalf of another. They argued that Hajj is among the matters that allow for substitution, so it is permissible for one who has not fulfilled his own obligation to perform it for another, just like Zakat. Our argument is what was narrated by Ibn Abbas that the Messenger of Allah (peace be upon him) heard a man saying, "Labbayk (I respond to Your call) on behalf of Shubruma." The Messenger of Allah (peace be upon him) asked, "Who is Shubruma?" The man replied, "A relative of mine." He asked, "Have you ever performed Hajj?" He replied, "No." He said, "Then make this one for yourself, then perform Hajj on behalf of Shubruma." This was recorded by Imam Ahmad, Abu Dawud, and Ibn Majah, and this is his wording. Also, because he performed Hajj for another before performing it for himself, it does not count for the other person, just as if he were a child. It differs from Zakat, as it is permissible to act as a substitute for another even while some of one's own Zakat remains due, whereas here it is not permissible to...